On Point blog, page 2 of 118
COA: Sufficient evidence to convict for OWI on a “highway” where intoxicated driver found in the driver’s seat of his truck while parked in a ditch.
State of Wisconsin v. Robert W. Berghuis, 2025AP134-CR, District II, 8/6/25 (one-judge decision; ineligible for publication); case activity
The COA affirmed a jury’s guilty verdict for operating a vehicle while intoxicated, finding the evidence was sufficient that the driver operated the vehicle on a “highway” when law enforcement encountered the driver in the driver’s seat of his truck that was parked in a ditch.
COA affirms verdict finding grounds to terminate parental rights for failing to assume parental responsibilities.
Taylor County Human Services v. A.B., 2025AP633, 2025AP634, 2025AP635, 2025AP636, 7/29/25, District II (ineligible for publication); case activity
The COA affirms the circuit court’s orders terminating “Adam’s” parental rights, while emphasizing the heavy burden placed on the party seeking to overturn a jury’s verdict.
COA rejects undeveloped challenges to speeding citation and affirms
County of Milwaukee v. Sharon A. Dawson, 2024AP584, 7/22/25, District I (ineligible for publication); case activity
Although Dawson challenges the actions of the Milwaukee Police in enforcing the traffic code as racial profiling, her her pro se arguments are too poorly pleaded for the Court to address them.
Defense win: COA reverses parts of juvenile restitution order
State v. C.J.L., 2024AP1917, 7/3/25, District IV (1-judge decision, ineligible for publication); case activity
C.J.L. contests part of the restitution ordered in his juvenile case related to a theft and break in at a dance studio–restitution for a surveillance subscription purchased after the theft, and for damages to the studio’s dance floor. Because the juvenile statute, Wis. Stat. § 938.34(5)(a), permits restitution for physical injury to a person or damage to property only, the COA agrees with C.J.L. and reverses the restitution order.
SCOW affirms circuit court’s authority to reinstate previously dismissed conviction under 346.63(1)
State v. Carl L. McAdory, 2025 WI 30, 7/1/25, case activity
A unanimous SCOW held that the circuit court had authority under Wis. Stat. 346.63(1)(c) to reinstate Carl McAdory’s conviction for operating a vehicle with a restricted controlled substance in his blood, which was dismissed when he was also convicted of operating a motor vehicle under the influence of a controlled substance that arose out of the same incident or occurrence, after the OWI conviction was vacated on appeal. The Court also rejected McAdory’s claims that the State forfeited the right to seek reinstatement by not raising the issue on his appeal from his OWI conviction, that the circuit court did not comply with the COA’s mandate, and that he was subjected to double jeopardy.
SCOW reverses defense win on speedy trial violation, overrules Borhegyi, and holds that 46-month delay did not violate federal constitution
State v. Luis A. Ramirez, 2025 WI 28, 6/27/25, reversing a published decision from COA; case activity
When this case was issued in COA, we got excited and informed our readers that this “big defense win” was an important decision on the speedy trial right. However, SCOW now unanimously reverses in favor of the State.
COA holds that trial court did not err in finding that defendant could be restored to competency
State v. T.R.T., 2025AP387-CR, 6/19/25, District IV (not recommended for publication); case activity
Although it acknowledges uncertainty as to the appropriate standard of review, COA ultimately affirms the circuit court’s order under a clearly erroneous standard.
COA: Prospective juror’s equivocal answers regarding bias against defendant charged with sexually assaulting child not sufficient to overcome presumption of impartiality.
State v. Richard Leo Mathewson, 2022AP2124-CR, 6/17/25, District IV (not recommended for publication); case activity
COA holds that prospective juror’s equivocal answers during voir dire regarding bias against defendant charged with sexual assault of a child is not sufficient to overcome presumption that juror is impartial.
COA affirms OWI conviction at trial, finding that nontestifying witness’s statements to 911 operator were not testimonial and defendant not subjected to custodial interrogation.
State v. Nelson Holmes, 2024AP1121, District I, 6/17/25 (one-judge decision; ineligible for publication); case activity
The COA affirmed Nelson Holmes’ conviction at trial of operating a vehicle under the influence and with a prohibited alcohol concentration, finding that a witness’s statements to a 911 operator were not testimonial and were admissible as present sense impressions, and that Holmes was not subjected to custodial interrogation when he made incriminating statements to police.
Defense Win: Circuit court erroneously exercised discretion when it denied motion to suppress under independent source doctrine without evidentiary hearing
State v. Timothy J. Petrie, 2024AP2629-CR, 6/11/25, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs)
Petrie argued the officer lacked probable cause to perform a preliminary breath test (PBT), therefore all evidenced gathered afterward must be suppressed. On appeal, he contends that the circuit court improperly applied the independent source doctrine because the state failed to present evidence at the suppression hearing and the court relied on the complaint. COA reverses and remands for an evidentiary hearing on the suppression motion.